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Mike Lee: If health care stands, anything goes

The go-slow approach puts Lee at odds with some Republicans who believe that Congress should quickly replace the popular provisions of the law, insulating them from criticism that they’re cheering for a status quo that disadvantages sick Americans. In some ways, his position is similar to that of Sen. Jim DeMint, the conservative South Carolina Republican who said Congress should hold hearings if the law is struck down — and do little else.

Lee, a member of the Senate Judiciary Committee, insisted the court is more likely to strike part or all of the ACA than uphold the law. That would leave politicians scrambling to sort through the wreckage and Americans to untangle thickets of defunct policy.

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Lee also said he sees no “plausible scenario” in which the court strikes down the ACA’s individual mandate without also scrapping related provisions — particularly the requirement that insurance companies take people with pre-existing conditions and the ban on charging people higher premiums because of health problems.

“What I’m saying is the court’s not just going to invalidate the individual mandate without also invalidating guaranteed issue and community rating,” he said. “So those things stand or fall together. You’re not going to have them orphaned.”

On the political side, Lee is not a believer in the argument — popular in some GOP circles — that Republicans would benefit if the court upholds the law because Mitt Romney would be able to run against it.

Republicans would have a stronger case against Obama, Lee said, if the court struck down the law — because they would be able to convince voters that he’s a president who does unconstitutional things.

“This president pushed through a sweeping change to the way health care is provided and regulated in this country, a sweeping change that many Americans believed was unconstitutional, the Supreme Court agreed, and I don’t think you want to reelect somebody who is always wanting to push the envelope of constitutionality, who’s always wanting to expand the role of a federal government that has already incurred $16 trillion in debt and is accumulating new debt at a rate of $1.3 [trillion] to $1.5 trillion a year,” Lee said.

“You don’t want to give them another chance to do this. You don’t want to give them a chance to do under the Spending Clause what they failed to achieve under the Commerce Clause,” Lee said. “Let’s elect a new president, a president who stands solidly behind the proposition that the powers of a federal government are few and defined and those reserved to the states are numerous and indefinite.”

Readers' Comments (40)

Mike's ABSOLUTELY right! ObamaCare is a totalitarian roadmap for the destruction of the free market in health insurance. It's a dictatorial mess of UNconstitutional new rules, regulations, dictates, mandates, taxes, and new, unaccountable bureaucracies!

Progressives SHOULD be taking the exact same position that this Republican is taking on Obamacare, especially the mandate provision. IF Obamacare SURVIVES it will be virtually impossible to get Single Payer or the Public Option in MOST States, though as the Republican Lee admits, several States are already organizing for Single Payer which WILL drive down costs..Obamacare will ONLY drive UP costs as COST was never considered in the calculations ONLY results.

The Gorilla in the room is the fact that Mit Romney, the ONLY man to have EVER created a Socialist healthcare system is the Republican candidate. Liberals APPEAR as if they CANNOT LOSE in this election, HOWEVER, Barack Obama has proven himself to be a partner with Big Pharma and the Insurance companies at the expense of everyone other then the uninsured (or uninsurable) . Mitt Romney may turn out to be the better progressive choice as Mr Romney is a known compromiser and is eager to work WITH Senate and House democrats to both heal the division of the past AND get some Legislation on the books to ensure his LEGACY. Mr Romney will BREAK the Republican stalemate and work WITH Progressives and democrats on many important and expensive Public Works programs which may help to revitalize both the Public sector and the private. If Obama were relected, republicans could just sit on their hands for four more years and we as a nation could continue to suffer. Mitt may be our guy. Mitt has shown himself willing to work with Democrats, he is a BIG GOVERNMENT sort of leader (see his governorship in Mass) AND he believes in big socialist ideas, Like Romneycare.

POLITICS IS THE ART OF COMPROMISE. DOES YOUR CONGRESSMAN OR WOMAN KNOW? THE COUNTRY IS BURNING AND THERE ARE VERY FEW FIREFIGHTERS IN CONGRESS TO PUT OUT THE FIRE. YOU CAN DO SOMETHING ABOUT IT—IN UP-COMING ELECTIONS! START A MOVEMENT TO END GRIDLOCK AND CORRUPTION ON CAPITOL HILL, WASHINGTON

In the up-coming elections, and for the foreseeable future, ELECT ONLY PEOPLE WHO ARE PREPARED TO COMPROMISE to get things done for the American people! If there is any pledge a member of Congress should sign and be held accountable for, it is this one! This is an urgent call to a new form of positive political activism on behalf of the American people’s agenda for jobs, growth, clean air, clean water. This is anti-corruption move—for the people who refuse to work with others are not acting out of any principle but almost solely in the interest of those who have put them in their pockets through the use of unlimited dirty money. You can fight back. Start a movement in your own neighborhood. Everyone can do something—for the country and shrinking middle class, for the elderly, students, and all other neglected groups! Stand up to be counted! KNOWTHIS FOR SURE: Politicians are your servants, not your masters!!! And our system of government is called a democracy not because power is in the hands of a few people but all the people!

Mike Lee understands the importance of the constitutional powers of the states. The more authority we cede to the central government, the farther away we push our ability as citizens to make decisions in government. Clearly every state is different, and the feds should give them room to craft policies that work for them. The states are scrambling under this huge law that none of us will ever have the time to even sit down and read. It's about time the Supreme Court steps in and says enough is enough. The American Action Forum has an interesting paper on the regulatory costs of implementing Obamacare: http://bit.ly/tCk0mm check it out

Let s see. These idiots can involve the country in a war and blow trillions killing tens of thousands-Vietnam its a million-but they can t think through an important domestic issue like health care. What exactly are they there for?

The Gorilla in the room is the fact that Mit Romney, the ONLY man to have EVER created a Socialist healthcare system is the Republican candidate. Liberals APPEAR as if they CANNOT LOSE in this election, HOWEVER, Barack Obama has proven himself to be a partner with Big Pharma and the Insurance companies at the expense of everyone other then the uninsured (or uninsurable) . Mitt Romney may turn out to be the better progressive choice as Mr Romney is a known compromiser and is eager to work WITH Senate and House democrats to both heal the division of the past AND get some Legislation on the books to ensure his LEGACY. Mr Romney will BREAK the Republican stalemate and work WITH Progressives and democrats on many important and expensive Public Works programs which may help to revitalize both the Public sector and the private. If Obama were relected, republicans could just sit on their hands for four more years and we as a nation could continue to suffer. Mitt may be our guy. Mitt has shown himself willing to work with Democrats, he is a BIG GOVERNMENT sort of leader (see his governorship in Mass) AND he believes in big socialist ideas, Like Romneycare.

These fools all have government health care. It is not health care reform but health insurance reform. We all have mandates imposed by the federal government, speed limit, federal gas tax, drinking age, voting age,

THESE REPUBLICANS HAVE GOT TO GO! THE REASON WE NEED SOME KIND AFFORDABLE...DID I SAY AFFORDABLE????? YES! AFFORDABLE HEALTH CARE IS THAT RIGHT NOW, MANY OF US CANNOT AFFORD THE HIGH COST OF MEDICINES BECAUSE THE PHARMACEUTICAL INDUSTRY IS GREEDY! WHY DON'T REPUBLICAS DO SOMETHING ABOUT THAT? INSTEAD OF SAYING 'NO' ALL THE TIME, WE ARE AT A STANDSTILL IN THIS COUNTRY.

MY DIABETIC MEDICATION HAD TO BE CHANGED BECAUSE I COULD NOT AFFORD THE ONE PRESCRIBED BY MY DOCTOR! IT COST ME $260.00 A MONTH TO BE ABLE TO STAY HEALTHY!

OF COURSE, MEMBERS OF CONGESS GET THEIR OWN INSURANCE AND COVERAGE PAID FOR BY US...WHY DON'T THEY CHANGE THAT LAW? LET THEM KNOW HOW MANY OF US ARE FOREGOING OUR HEALTH BECAUSE IN THE FABULOUS, OVER TOUTED GOOD OLE USA CAN'T BUDGE ON THE GREED! THEY ARE CORPORATE HOSTS WHO KEEP THIS SYMBIOTIC RELATIONSHIP WITH CORPORATE AMERICA GORGING ON OUR TAX DOLLARS! STOP THE INSANITY, CONGRESSMAN!

REPUBLICANS SUPPORT THE PARTY LINE AND THE PUBLIC SECTOR CAN GO TO HADES AS FAR AS THEY ARE CONCERNED! I AM A PERFECT EXAMPLE OF THE HARM BEING DONE TO PEOPLE LIKE MYSELF WIHOUT AFFORDABLE HEALTH CARE!